| 6 | 4 | | AN ACT |
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| 7 | 5 | | relating to the issuance of a protective order and the appointment |
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| 8 | 6 | | of a managing conservator in certain family law proceedings. |
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| 9 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 8 | | SECTION 1. Section 71.0021(a), Family Code, is amended to |
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| 11 | 9 | | read as follows: |
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| 12 | 10 | | (a) "Dating violence" means an act, other than a defensive |
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| 13 | 11 | | measure to protect oneself, by an actor that: |
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| 14 | 12 | | (1) is committed against a victim or applicant for a |
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| 15 | 13 | | protective order: |
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| 16 | 14 | | (A) with whom the actor has or has had a dating |
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| 17 | 15 | | relationship; or |
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| 18 | 16 | | (B) because of the victim's or applicant's |
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| 19 | 17 | | marriage to or dating relationship with an individual with whom the |
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| 20 | 18 | | actor is or has been in a dating relationship or marriage; and |
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| 21 | 19 | | (2) is intended to result in physical harm, bodily |
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| 22 | 20 | | injury, assault, or sexual assault or that is a threat that |
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| 23 | 21 | | reasonably places the victim or applicant in fear of imminent |
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| 24 | 22 | | physical harm, bodily injury, assault, or sexual assault. |
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| 25 | 23 | | SECTION 2. Section 71.004, Family Code, is amended to read |
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| 26 | 24 | | as follows: |
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| 27 | 25 | | Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: |
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| 28 | 26 | | (1) an act by a member of a family or household against |
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| 29 | 27 | | another member of the family or household that is intended to result |
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| 30 | 28 | | in physical harm, bodily injury, assault, or sexual assault or that |
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| 31 | 29 | | is a threat that reasonably places the member in fear of imminent |
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| 32 | 30 | | physical harm, bodily injury, assault, or sexual assault, but does |
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| 33 | 31 | | not include defensive measures to protect oneself; |
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| 34 | 32 | | (2) abuse, as that term is defined by Sections |
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| 35 | 33 | | 261.001(1)(C), (E), [and] (G), (H), (I), (J), and (K), by a member |
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| 36 | 34 | | of a family or household toward a child of the family or household; |
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| 37 | 35 | | or |
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| 38 | 36 | | (3) dating violence, as that term is defined by |
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| 39 | 37 | | Section 71.0021. |
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| 40 | 38 | | SECTION 3. Section 153.005, Family Code, is amended by |
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| 41 | 39 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 42 | 40 | | follows: |
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| 43 | 41 | | (a) In a suit, except as provided by Section 153.004, the |
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| 44 | 42 | | court: |
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| 45 | 43 | | (1) may appoint a sole managing conservator or may |
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| 46 | 44 | | appoint joint managing conservators; and |
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| 47 | 45 | | (2) if[. If] the parents are or will be separated, |
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| 48 | 46 | | [the court] shall appoint at least one managing conservator. |
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| 49 | 47 | | (c) In making an appointment authorized by this section, the |
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| 50 | 48 | | court shall consider whether, preceding the filing of the suit or |
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| 51 | 49 | | during the pendency of the suit: |
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| 52 | 50 | | (1) a party engaged in a history or pattern of family |
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| 53 | 51 | | violence, as defined by Section 71.004; |
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| 54 | 52 | | (2) a party engaged in a history or pattern of child |
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| 55 | 53 | | abuse or child neglect; or |
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| 56 | 54 | | (3) a final protective order was rendered against a |
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| 57 | 55 | | party. |
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| 58 | 56 | | SECTION 4. The changes in law made by this Act to Sections |
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| 59 | 57 | | 71.0021 and 71.004, Family Code, apply only to a request for a |
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| 60 | 58 | | protective order that is filed on or after the effective date of |
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| 61 | 59 | | this Act. A request for a protective order filed before the |
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| 62 | 60 | | effective date of this Act is governed by the law in effect on the |
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| 63 | 61 | | date the request is filed, and the former law is continued in effect |
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| 64 | 62 | | for that purpose. |
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| 65 | 63 | | SECTION 5. Section 153.005, Family Code, as amended by this |
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| 66 | 64 | | Act, applies only to a suit affecting the parent-child relationship |
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| 67 | 65 | | filed on or after the effective date of this Act. A suit affecting |
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| 68 | 66 | | the parent-child relationship filed before the effective date of |
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| 69 | 67 | | this Act is governed by the law in effect on the date the suit is |
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| 70 | 68 | | filed, and the former law is continued in effect for that purpose. |
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| 71 | 69 | | SECTION 6. This Act takes effect September 1, 2015. |
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